What is the conflicting application in novelty judgment of invention patent?

Web link conflict application is a term in patent laws and regulations, which refers to a patent application that damages novelty. Specifically, before the filing date, any unit or individual has filed an application with the patent administration department for the same technology, which is recorded in the patent application documents published after the filing date, so the application is called a conflict application for patent application.

Four elements of conflict application:

1. Applicant: any unit or individual, including the applicant himself;

2. Date of filing: file an application with the Patent Office before the patent application under review is the first application;

3. Date of publication: The Patent Office shall publish it according to law on or after the date of application;

4. Identity of inventions: the application documents record the same invention or utility model as the latter application.

The Influence of Conflict Application on Novelty and Creativity

Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical.

If the filing date of the conflicting application is earlier than the publication date, the novelty of the application for a patent for invention or utility model will be damaged.

Novelty is damaged, but creativity is not affected.